Prosecution Insights
Last updated: April 19, 2026
Application No. 18/137,231

Medium Access Control Protocol Data Unit Update for Random Access Channel based Small Data Transmission

Final Rejection §102§112
Filed
Apr 20, 2023
Examiner
NGUYEN, THERESA
Art Unit
2418
Tech Center
2400 — Computer Networks
Assignee
Ofinno LLC
OA Round
2 (Final)
100%
Grant Probability
Favorable
3-4
OA Rounds
3y 4m
To Grant
99%
With Interview

Examiner Intelligence

Grants 100% — above average
100%
Career Allow Rate
3 granted / 3 resolved
+42.0% vs TC avg
Strong +100% interview lift
Without
With
+100.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
31 currently pending
Career history
34
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
52.9%
+12.9% vs TC avg
§102
28.4%
-11.6% vs TC avg
§112
17.8%
-22.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 3 resolved cases

Office Action

§102 §112
DETAILED ACTION Notice of Pre-AIA or AIA Status 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Response to Amendment 2. Amendments filed on 12/04/2025 are entered for prosecution. Claims 1-2, 5, 7-11, 13, 15-18 and 21-27 remain pending in the application. The amendments change the scopes of the previously presented claims. New grounds of rejections are applied to the amended claims and the current Office Action is made FINAL as necessitated by the claim amendments. Response to Arguments 3. Applicant’s arguments with respect to claims 1-2, 5, 7-11, 13, 15-18 and 21-27 in a reply filed 12/04/2025 regarding newly added limitations have been considered but are moot because the newly added limitations in the amendments do not apply to any of the references being used in the current rejection. Claim Interpretation 4a. Regarding claims 15 and 16: The broadest reasonable interpretation (BRI) of “wherein the SDT procedure is initiated for communicating with the wireless device” recited in claims 15 and 16 do not limit the SDT procedure to be initiated by the base station due to the way the claim language is written. Therefore, a wireless device initiating a RA procedure for a small data transmission (Huang [0005] the UE initiating a 2-step Random Access (RA) procedure including the Uplink (UL) data in RRC_INACTIVE state; [0472] When some UL data (e.g. small data) is available for transmission while the UE is in RRC_INACTIVE state, the UE may initiate a RRC Resume procedure in RRC_INACTIVE state which triggers a RA procedure for the small data transmission) is considered “the SDT procedure is initiated for communicating with the wireless device”. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. 4b. Claim 9 and 13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 9 recites “cancel, based on the receiving, the SDT procedure” is indefinite because it is unclear whether “the receiving” is referring to “receive, from a wireless device… a first preamble” or “receive a second preamble” in claim 9. According to the view of claim 10, which recites “based on the receiving the second preamble or second uplink data”, the phrase “the receiving” in claim 9 will be interpreted as “receive, from a wireless device… a first preamble” in claim 9 since the cancellation of the SDT procedure would then be based on initiating the SDT procedure by receiving the message comprising of the first preamble and the first uplink data. Claim 13 recites “that indicates at least one of” is indefinite because it is unclear whether “that indicates” is referring to “the not transmitting the response”, “the message”, or “a random access response” in claim 13. For the purpose of examination, “that indicates” will be interpreted as “the message” in claim 13. Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. 5. Claims 1-2, 5, 7-11, 13, 15-18, and 21-27 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Huang et al (US 20210259021 A1, hereinafter Huang). Regarding claim 1, Huang discloses a wireless device comprising (Fig. 3; [0032] As shown in FIG. 3, the communication device 300 in a wireless communication system can be utilized for realizing the UEs (or ATs) 116 and 122 in FIG. 1 or the base station (or AN) 100 in FIG. 1): one or more processors ([0032] The communication device 300 may include… a central processing unit (CPU) 308); and memory ([0032] a memory 310) storing instructions that, when executed by the one or more processors ([0578] Referring back to FIGS. 3 and 4, in one exemplary embodiment of a UE, the UE 300 includes a program code 312 stored in the memory 310. The CPU 308 could execute program code 312 to enable the UE (i) to initiate a 2-step RA procedure including UL data in RRC_INACTIVE state, and (ii) to switch from the 2-step RA procedure to a 4-step RA procedure not including the UL data in response to a condition. Furthermore, the CPU 308 can execute the program code 312 to perform all of the above-described actions and steps or others described herein), cause the wireless device to: initiate a small data transmission (SDT) procedure to transmit uplink data using a random access (RA) procedure ([0472] When some UL data (e.g. small data) is available for transmission while the UE is in RRC_INACTIVE state, the UE may initiate a RRC Resume procedure in RRC_INACTIVE state which triggers a RA procedure for the small data transmission); transmit (Fig. 6 – MSGA), based on the RA procedure being set to a two-step RA type ([0546] The RACH-based small data transmission may be a 2-step RA, as shown in FIG. 6), a message comprising a first preamble and the uplink data (Fig. 6 – MSGA; [0473] For a 2-step RA (e.g. with small data), the UE may perform Random Access Resource selection and then send a Message A (MSGA) including a RA preamble and a PUSCH payload. The PUSCH payload may contain RRC resume request and the UL data (e.g. small data)); set, based on a failure to receive a response to the message, the RA procedure to a four-step RA type ([0503] The UE may take action if the UE fails to receive MSGB in response to the MSGA including small data. The UE may consider MSGB reception failure if the UE does not receive MSGB successfully during a period of time (e.g. a response window) after transmission of MSGA; [0517] the NW indicates (due to the radio condition is bad – see [0536]) the UE to switch to 4-step RA and/or cancel the small data transmission with or without a UL grant. The UE switches (set) the RA type and/or cancels the small data transmission; [0536] For example, before MSGB transmission (e.g. fallbackRAR) with a UL grant for the small data, the NW may measure and/or derive the current radio condition… If the radio condition is bad, the NW may indicate the UE to switch to 4-step RA, to extent the msgB-ResponseWindow, and/or to cancel the small data (hence, the NW indicate to the UE to switch to 4-step RA instead of transmitting MSGB, and therefore the UE fails to receive MSGB in response to the MSGA)); and cancel, based on the setting the RA procedure to the four-step RA type, the SDT procedure ([0517] the NW indicates the UE to switch to 4-step RA and/or cancel the small data transmission with or without a UL grant. The UE switches the RA type (switches to the 4-step RA) and/or cancels the small data transmission; [0520] If the NW indicates the UE to switch from a 2-step RA with small data to a 4-step RA without small data, the small data could be transmitted in RRC_CONNECTED state after resume. When the UE is in a very bad radio condition, the small data transmission could be completed sooner and with more robustness). Regarding claim 2, Huang further discloses the wireless device of claim 1 (Fig. 3; [0032];) , wherein the instructions further cause the wireless device to switch, based on the setting the RA procedure to the four-step RA type ([0517]; [0520]), the RA type of the RA procedure from the two-step RA type to the four-step RA type ([0520] If the NW indicates the UE to switch from a 2-step RA with small data to a 4-step RA without small data, the small data could be transmitted in RRC_CONNECTED state after resume; [0578] the UE… (ii) to switch from the 2-step RA procedure to a 4-step RA procedure not including the UL data in response to a condition; [0005] the UE initiating a 2-step Random Access (RA) procedure including the Uplink (UL) data in RRC_INACTIVE state. The method further includes the UE switching from the 2-step RA procedure to a 4-step RA procedure not including UL data in response to a condition). Regarding claim 5, Huang further discloses the wireless device of claim 1 (Fig. 3; [0032];), wherein the failure to receive the response to the message ([0503] The UE may take action if the UE fails to receive MSGB in response to the MSGA including small data. The UE may consider MSGB reception failure if the UE does not receive MSGB successfully during a period of time (e.g. a response window) after transmission of MSGA) is based on receiving a random access response ([0527] The signaling (network node transmits the signaling) may be or include one or multiple of the following constructs: [0528] MSGB (of the 2-step RA)—For example, the indication could be included in a fallbackRAR), to the message ([0508] To solve the issue, if a network node (or NW) detects that it may be difficult to succeed the current procedure of small data transmission (e.g. due to poor radio condition, resource congestion, etc.), the network node could transmit a signalling to a UE. The signalling may trigger the UE to perform a fallback action), indicating at least one of ([0509] The (fallback) action (e.g. the first action and/or the second action) may include one or multiple of the following techniques:): the random access response as a fallback random access response ([0527] The signaling may be or include one or multiple of the following constructs: [0528] MSGB (of the 2-step RA)—For example, the indication could be included in a fallbackRAR); a fallback to the four-step RA type ([0510] Switch to 4-Step RA with Small Data Transmission); the failure; or a cancellation of the SDT procedure ([0517] For example, the NW indicates the UE to switch to 4-step RA and/or cancel the small data transmission with or without a UL grant. The UE switches the RA type and/or cancels the small data transmission). Regarding claim 7, Huang further discloses the wireless device of claim 1 (Fig. 3; [0032];), wherein the SDT procedure is initiated by the wireless device (Fig. 8) in a radio resource control (RRC) inactive state or in an RRC idle state ([0005] the UE initiating a 2-step Random Access (RA) procedure including the Uplink (UL) data in RRC_INACTIVE state; [0472] When some UL data (e.g. small data) is available for transmission while the UE is in RRC_INACTIVE state, the UE may initiate a RRC Resume procedure in RRC_INACTIVE state which triggers a RA procedure for the small data transmission). Regarding claim 8, Huang further discloses the wireless device of claim 1 (Fig. 3; [0032];), wherein the SDT procedure is initiated based on a size of the uplink data being smaller than or equal to an SDT data threshold ([0547] In addition, a RACH-based small data transmission procedure may be initiated if the size of the small data is less than or equal to a TB size indicated in the related configuration, the system information, the dedicated RRC signaling and/or the DCI. One or more conditions mentioned above may be applied jointly). Regarding claim 9, Huang discloses a base station (Fig. 3; [0032] As shown in FIG. 3, the communication device 300 in a wireless communication system can be utilized for realizing the UEs (or ATs) 116 and 122 in FIG. 1 or the base station (or AN) 100 in FIG. 1) comprising: one or more processors ([0032] The communication device 300 may include… a central processing unit (CPU) 308); and memory ([0032] a memory 310) storing instructions that, when executed by the one or more processors ([0598] Referring back to FIGS. 3 and 4, in one exemplary embodiment of a network, the network 300 includes a program code 312 stored in the memory 310. The CPU 308 could execute program code 312 to enable the network to (i) to detect that a UE has initiated a procedure for transmitting UL data when the UE is in RRC_INACTIVE state, and (ii) to transmit a signaling to the UE, wherein the signaling triggers the UE to perform a fallback action. Furthermore, the CPU 308 can execute the program code 312 to perform all of the above-described actions and steps or others described herein), cause the base station to: receive, from a wireless device and based on a random access (RA) procedure of a two-step RA type ([0473] For a 2-step RA (e.g. with small data), the UE may perform Random Access Resource selection and then send a Message A (MSGA) including a RA preamble and a PUSCH payload... In response to receiving the MSGA, the Network (NW) may send a Message B (MSGB) to inform the UE to complete the RA procedure and may transmit a RRC release message to keep the UE in the RRC_INACTIVE state), a message (Fig. 6 – MSGA) comprising a first preamble and first uplink data (Fig. 6 – MSGA; [0473] For a 2-step RA (e.g. with small data), the UE may perform Random Access Resource selection and then send a Message A (MSGA) including a RA preamble and a PUSCH payload); determine that the RA procedure of the two-step RA type ([0546] The RACH-based small data transmission may be a 2-step RA, as shown in FIG. 6) is for a small data transmission (SDT) procedure (Fig. 6 – MSGA; [0473] For a 2-step RA (e.g. with small data), the UE may perform Random Access Resource selection and then send a Message A (MSGA) including a RA preamble and a PUSCH payload. The PUSCH payload may contain RRC resume request and the UL data (e.g. small data)); receive (Fig. 7) a second preamble (Fig. 7 – RA preamble) or second uplink data based on the RA procedure of a four-step RA type ([0555] the NW may indicate the UE to switch to 4-step RA. The UE may switch the RA type to 4-step. The UE may transmit the small data in the Msg3 with the UL grant in a MSGB provided by the NW. The UE may reselect the RA resource and transmit the RA preamble (Msg1), then transmit the small data in a Msg3 with the UL grant in a RAR provided by the NW (NW transmit RAR after RA preamble is received – according to [0474]). If the UE fails to receive a Msg4 in response to the Msg3, the UE may backoff and transmit the MSGA. If the UE fails to receive a Msg4 in response to the Msg3, the UE may backoff and transmit the RA preamble); and cancel, based on the receiving, the SDT procedure ([0517] the NW indicates the UE to switch to 4-step RA and/or cancel the small data transmission with or without a UL grant. The UE switches the RA type (switches to the 4-step RA) and/or cancels the small data transmission; [0520] If the NW indicates the UE to switch from a 2-step RA with small data to a 4-step RA without small data, the small data could be transmitted in RRC_CONNECTED state after resume. When the UE is in a very bad radio condition, the small data transmission could be completed sooner and with more robustness). Regarding claim 10, Huang further discloses the base station of claim 9, wherein the instructions further cause the base station to determine, based on the receiving the second preamble or second uplink data ([0536] For example, before MSGB transmission (e.g. fallbackRAR) with a UL grant for the small data, the NW may measure and/or derive the current radio condition… If the radio condition is bad, the NW may indicate the UE to switch to 4-step RA, to extent the msgB-ResponseWindow, and/or to cancel the small data; [0555] the NW may indicate the UE to switch to 4-step RA. The UE may switch the RA type to 4-step. The UE may transmit the small data in the Msg3 with the UL grant in a MSGB provided by the NW. The UE may reselect the RA resource and transmit the RA preamble (Msg1), then transmit the small data in a Msg3 with the UL grant in a RAR provided by the NW (NW transmit RAR after RA preamble is received – according to [0474]). If the UE fails to receive a Msg4 in response to the Msg3, the UE may backoff and transmit the MSGA. If the UE fails to receive a Msg4 in response to the Msg3, the UE may backoff and transmit the RA preamble), the RA type of the RA procedure is switched from the two-step RA type to the four-step RA type ([0517] For example, the NW indicates the UE to switch to 4-step RA and/or cancel the small data transmission with or without a UL grant. The UE switches the RA type and/or cancels the small data transmission; [0520] If the NW indicates the UE to switch from a 2-step RA with small data to a 4-step RA without small data, the small data could be transmitted in RRC_CONNECTED state after resume. When the UE is in a very bad radio condition, the small data transmission could be completed sooner and with more robustness; [0555] the NW may indicate the UE to switch to 4-step RA. The UE may switch the RA type to 4-step. The UE may transmit the small data in the Msg3 with the UL grant in a MSGB provided by the NW. The UE may reselect the RA resource and transmit the RA preamble (Msg1), then transmit the small data in a Msg3 with the UL grant in a RAR provided by the NW (NW transmit RAR after RA preamble is received for 4-step RA – according to [0474])). Regarding claim 11, Huang further discloses the base station of claim 9, wherein the instructions further cause the base station to not transmit, to the wireless device, a response to the message ([0503] The UE may take action if the UE fails to receive MSGB in response to the MSGA including small data. The UE may consider MSGB reception failure if the UE does not receive MSGB successfully during a period of time (e.g. a response window) after transmission of MSGA) to cause the RA type of the RA procedure to be set to the four-step RA type ([0536] For example, before MSGB transmission (e.g. fallbackRAR) with a UL grant for the small data, the NW may measure and/or derive the current radio condition… If the radio condition is bad, the NW may indicate the UE to switch to 4-step RA, to extent the msgB-ResponseWindow, and/or to cancel the small data (hence, the NW indicates to the UE to switch to 4-step RA instead of transmitting MSGB, and therefore the UE fails to receive MSGB in response to the MSGA)). Regarding claim 13, Huang further discloses the base station of claim 11, wherein the not transmitting the response message ([0503] UE fails to receive MSGB; [0536];) comprises transmitting a random access response, to the message ([0555] the NW may indicate the UE to switch to 4-step RA. The UE may switch the RA type to 4-step. The UE may transmit the small data in the Msg3 with the UL grant in a MSGB provided by the NW. The UE may reselect the RA resource and transmit the RA preamble (Msg1), then transmit the small data in a Msg3 with the UL grant in a RAR provided by the NW (NW transmit RAR after RA preamble is received for 4-step RA – according to [0474]), that indicates at least one of ([0508] The signalling may trigger the UE to perform a fallback action; [0509] The (fallback) action (e.g. the first action and/or the second action) may include one or multiple of the following techniques: ): the random access response as a fallback random access response ([0527] The signaling may be or include one or multiple of the following constructs: [0528] MSGB (of the 2-step RA)—For example, the indication could be included in a fallbackRAR); a fallback to the four-step RA type ([0510] Switch to 4-Step RA with Small Data Transmission); a failure to transmit the response to the message ([0503] UE fails to receive MSGB; [0536];); or a cancellation of the SDT procedure ([0516] Switch to 4-Step RA without Small Data Transmission; 0517] For example, the NW indicates the UE to switch to 4-step RA and/or cancel the small data transmission with or without a UL grant. The UE switches the RA type and/or cancels the small data transmission). Regarding claim 15, Huang further discloses the base station of claim 9, wherein the SDT procedure is initiated for communicating with the wireless device in a radio resource control (RRC) inactive state or in an RRC idle state (Fig. 8; [0005] the UE initiating a 2-step Random Access (RA) procedure including the Uplink (UL) data in RRC_INACTIVE state; [0472] When some UL data (e.g. small data) is available for transmission while the UE is in RRC_INACTIVE state, the UE may initiate a RRC Resume procedure in RRC_INACTIVE state which triggers a RA procedure for the small data transmission). Regarding claim 16, Huang further discloses the base station of claim 9, wherein the SDT procedure is initiated based on a size of the uplink data, received from the wireless device, being smaller than or equal to an SDT data threshold (Fig. 6; [0547] A RACH-based small data transmission procedure may be initiated upon (or in response to) the upper layer indicating a RRC resume procedure for small data transmission, e.g. when UL data arrival and/or with periods. A RACH-based small data transmission procedure may be initiated if the NW and the UE both support small data transmission and/or the related configuration is configured on the UE. In addition, a RACH-based small data transmission procedure may be initiated if the size of the small data is less than or equal to a TB size indicated in the related configuration, the system information, the dedicated RRC signaling and/or the DCI. One or more conditions mentioned above may be applied jointly). Regarding claim 17, Huang discloses non-transitory computer-readable medium storing instructions that ([0032] a memory 310 (a memory is an example of non-transitory computer-readable medium)), when executed by one or more processors of a wireless device ([0578] Referring back to FIGS. 3 and 4, in one exemplary embodiment of a UE, the UE 300 includes a program code 312 stored in the memory 310. The CPU 308 could execute program code 312 to enable the UE (i) to initiate a 2-step RA procedure including UL data in RRC_INACTIVE state, and (ii) to switch from the 2-step RA procedure to a 4-step RA procedure not including the UL data in response to a condition. Furthermore, the CPU 308 can execute the program code 312 to perform all of the above-described actions and steps or others described herein), cause the wireless device to: initiate a small data transmission (SDT) procedure to transmit uplink data using a random access (RA) procedure ([0472] When some UL data (e.g. small data) is available for transmission while the UE is in RRC_INACTIVE state, the UE may initiate a RRC Resume procedure in RRC_INACTIVE state which triggers a RA procedure for the small data transmission); transmit (Fig. 6 – MSGA), based on the RA procedure being set to a two-step RA type ([0546] The RACH-based small data transmission may be a 2-step RA, as shown in FIG. 6), a message comprising a first preamble and the uplink data (Fig. 6 – MSGA; [0473] For a 2-step RA (e.g. with small data), the UE may perform Random Access Resource selection and then send a Message A (MSGA) including a RA preamble and a PUSCH payload. The PUSCH payload may contain RRC resume request and the UL data (e.g. small data)); set, based on a failure to receive a response to the message, the RA procedure to a four-step RA type ([0503] The UE may take action if the UE fails to receive MSGB in response to the MSGA including small data. The UE may consider MSGB reception failure if the UE does not receive MSGB successfully during a period of time (e.g. a response window) after transmission of MSGA; [0517] the NW indicates (due to the radio condition is bad – see [0536]) the UE to switch to 4-step RA and/or cancel the small data transmission with or without a UL grant. The UE switches (set) the RA type and/or cancels the small data transmission; [0536] For example, before MSGB transmission (e.g. fallbackRAR) with a UL grant for the small data, the NW may measure and/or derive the current radio condition… If the radio condition is bad, the NW may indicate the UE to switch to 4-step RA, to extent the msgB-ResponseWindow, and/or to cancel the small data (hence, the NW indicate to the UE to switch to 4-step RA instead of transmitting MSGB, and therefore the UE fails to receive MSGB in response to the MSGA)); and cancel, based on the setting the RA procedure to the four-step RA type, the SDT procedure ([0517] the NW indicates the UE to switch to 4-step RA and/or cancel the small data transmission with or without a UL grant. The UE switches the RA type (switches to the 4-step RA) and/or cancels the small data transmission; [0520] If the NW indicates the UE to switch from a 2-step RA with small data to a 4-step RA without small data, the small data could be transmitted in RRC_CONNECTED state after resume. When the UE is in a very bad radio condition, the small data transmission could be completed sooner and with more robustness). Regarding claim 18, Huang further discloses the non-transitory computer-readable medium ([0032]; [0578];) of claim 17, wherein the instructions further cause the wireless device to switch, based on the setting the RA procedure to the four-step RA type ([0517]; [0520]), the RA type of the RA procedure from the two-step RA type to the four-step RA type ([0520] If the NW indicates the UE to switch from a 2-step RA with small data to a 4-step RA without small data, the small data could be transmitted in RRC_CONNECTED state after resume; [0578] the UE… (ii) to switch (set) from the 2-step RA procedure to a 4-step RA procedure not including the UL data in response to a condition; [0005] the UE initiating a 2-step Random Access (RA) procedure including the Uplink (UL) data in RRC_INACTIVE state. The method further includes the UE switching from the 2-step RA procedure to a 4-step RA procedure not including UL data in response to a condition). Regarding claim 21, Huang further discloses the non-transitory computer-readable medium of claim 17 ([0032]; [0578];), wherein the failure to receive the response to the message ([0503] UE fails to receive MSGB; [0536];) is based on receiving a random access response, to the message ([0555] the NW may indicate the UE to switch to 4-step RA. The UE may switch the RA type to 4-step. The UE may transmit the small data in the Msg3 with the UL grant in a MSGB provided by the NW. The UE may reselect the RA resource and transmit the RA preamble (Msg1), then transmit the small data in a Msg3 with the UL grant in a RAR provided by the NW (NW transmit RAR after RA preamble is received for 4-step RA – according to [0474]), indicating at least one of ([0508] The signalling may trigger the UE to perform a fallback action; [0509] The (fallback) action (e.g. the first action and/or the second action) may include one or multiple of the following techniques: ): the random access response as a fallback random access response ([0527] The signaling may be or include one or multiple of the following constructs: [0528] MSGB (of the 2-step RA)—For example, the indication could be included in a fallbackRAR); a fallback to the four-step RA type ([0510] Switch to 4-Step RA with Small Data Transmission); the failure ([0503] UE fails to receive MSGB; [0536];); or a cancellation of the SDT procedure ([0516] Switch to 4-Step RA without Small Data Transmission; 0517] For example, the NW indicates the UE to switch to 4-step RA and/or cancel the small data transmission with or without a UL grant. The UE switches the RA type and/or cancels the small data transmission). Regarding claim 22, Huang further discloses the non-transitory computer-readable medium of claim 17 ([0032]; [0578];), wherein the SDT procedure is initiated by the wireless device in a radio resource control (RRC) inactive state or in an RRC idle state ([0005] the UE initiating a 2-step Random Access (RA) procedure including the Uplink (UL) data in RRC_INACTIVE state; [0472] When some UL data (e.g. small data) is available for transmission while the UE is in RRC_INACTIVE state, the UE may initiate a RRC Resume procedure in RRC_INACTIVE state which triggers a RA procedure for the small data transmission). Regarding claim 23, Huang further discloses the non-transitory computer-readable medium of claim 17 ([0032]; [0578];), wherein the SDT procedure is initiated based on a size of the uplink data being smaller than or equal to an SDT data threshold ([0546] The RACH-based small data transmission may be a 2-step RA, as shown in FIG. 6; [0547] In addition, a RACH-based small data transmission procedure may be initiated if the size of the small data is less than or equal to a TB size indicated in the related configuration, the system information, the dedicated RRC signaling and/or the DCI. One or more conditions mentioned above may be applied jointly). Regarding claim 24, Huang further discloses the non-transitory computer-readable medium of claim 23 ([0032]; [0578];), wherein the canceling the SDT procedure is further based on the size of the uplink data being larger than a second SDT data threshold ([0547]; [0549] In one example, the UE may cancel the small data transmission (2-step RA) and initiate (or fall back to or proceed with) a RA procedure to resume. The RA procedure may be 2-step RA or 4-step RA; [0475] For the RACH-based method (e.g. 2-step RA, 4-step RA), an objective is to enable flexible payload sizes which are larger than the Rel-16 CCCH message size to support small data transmission (as discussed in 3GPP RP-193252). It can be expected that the data size of MSGA (or Msg3) with small data would be larger than the case without small data. It may also be expected that the MSGA transmission (or Msg3 transmission) with small data would be more difficult under the same radio condition compared to the MSGA transmission (or Msg3 transmission) without small data. After the initiation of small data transmission (e.g. via 2-step RA, 4-step RA, or pre-configured PUSCH resource), the radio condition may change from time to time during the procedure of small data transmission. If the radio condition becomes or is bad such that the UE cannot successfully transmit the small data (e.g. via MSGA, Msg3, or pre-configured PUSCH resource) in the RRC_INACTIVE state, it may be better to handle the failure promptly rather than repeated transmission failure). Regarding claim 25, Huang further discloses the non-transitory computer-readable medium of claim 24 ([0032]; [0578];), wherein the second SDT data threshold is for the four-step RA type ([0475] For the RACH-based method (e.g. 2-step RA, 4-step RA), an objective is to enable flexible payload sizes which are larger than the Rel-16 CCCH message size to support small data transmission (as discussed in 3GPP RP-193252). It can be expected that the data size of MSGA (or Msg3) with small data would be larger than the case without small data. It may also be expected that the MSGA transmission (or Msg3 transmission) with small data would be more difficult under the same radio condition compared to the MSGA transmission (or Msg3 transmission) without small data. After the initiation of small data transmission (e.g. via 2-step RA, 4-step RA, or pre-configured PUSCH resource), the radio condition may change from time to time during the procedure of small data transmission. If the radio condition becomes or is bad such that the UE cannot successfully transmit the small data (e.g. via MSGA, Msg3, or pre-configured PUSCH resource) in the RRC_INACTIVE state, it may be better to handle the failure promptly rather than repeated transmission failure; [0488] The UE may switch from a first type of transmission to a second type of transmission... The UE may switch from a 2-step RA procedure to a 4-step RA procedure. The UE may switch from a 2-step RA with small data transmission to a 4-step RA with small data transmission; [0549] In one example, the UE may cancel the small data transmission (2-step RA) and initiate (or fall back to or proceed with) a RA procedure to resume. The RA procedure may be 2-step RA or 4-step RA). Regarding claim 26, Huang further discloses the wireless device of claim 8 (Fig. 3; [0032];), wherein the canceling the SDT procedure is further based on the size of the uplink data being larger than a second SDT data threshold ([0547]; [0549] In one example, the UE may cancel the small data transmission (2-step RA) and initiate (or fall back to or proceed with) a RA procedure to resume. The RA procedure may be 2-step RA or 4-step RA; [0551] In one example, the UE may wait for a while and then measures the radio condition again. If the radio condition is above the threshold, the UE may transmit the MSGA with small data. If the radio condition is below the threshold, the UE may continue waiting. If the UE spends too much time on waiting (waiting time is larger than a threshold), the UE may cancel the small data transmission and initiates (or fall back to or proceed with) a RA procedure to resume. The RA procedure may be a 2-step RA or a 4-step RA. The UE may rebuild the MSGA or Msg3 to exclude the small data. The UE may transmit a MSGA containing RRC resume request without the small data. The small data could be transmitted in RRC_CONNECTED state. The radio condition may be measured each time before the UE transmits the MSGA with small data). Regarding claim 27, Huang further discloses the wireless device of claim 26 (Fig. 3; [0032];), wherein the second SDT data threshold is for the four- step RA type ([0549] If the UE spends too much time on waiting (waiting time is larger than a threshold), the UE may cancel the small data transmission and initiates (or fall back to or proceed with) a RA procedure to resume. The RA procedure may be a 2-step RA or a 4-step RA). Conclusion 6. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. PTO-892 form. WANG (US-20230319890-A1) teaches a terminal device may cancel the transmission of the uplink data if the size of the buffered content in larger than the threshold size ([0046]). Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to THERESA NGUYEN whose telephone number is (571)272-2386. The examiner can normally be reached Monday - Friday 9AM - 5PM EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MOO JEONG can be reached at (571)272-9617. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /THERESA NGUYEN/Examiner, Art Unit 2418 /Moo Jeong/Supervisory Patent Examiner, Art Unit 2418
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Prosecution Timeline

Apr 20, 2023
Application Filed
Sep 02, 2025
Non-Final Rejection — §102, §112
Dec 04, 2025
Response Filed
Feb 02, 2026
Final Rejection — §102, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12587892
APPARATUS FOR PERFORMING VEHICLE OTA UPDATE AND METHOD THEREOF
2y 5m to grant Granted Mar 24, 2026
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Study what changed to get past this examiner. Based on 2 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
100%
Grant Probability
99%
With Interview (+100.0%)
3y 4m
Median Time to Grant
Moderate
PTA Risk
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